LAWS(BOM)-2023-11-62

NATIONAL INSURANCE COMPANY LTD Vs. ANITA JAYANT BAGAL

Decided On November 29, 2023
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
Anita Jayant Bagal Respondents

JUDGEMENT

(1.) This First Appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988, by the Insurance Company (Original Opponent No. 3) challenging the Judgment and Award dtd. 3/3/2015 passed by the MACT, Solapur in MACP No. 54/2013.

(2.) On 31/7/2012 at 09:00 a.m., one Mr. Jayant Bagal was proceeding to attend his duty from Kurduwadi on his motorcycle. When he reached near Hotel Vaishali on Kurduwadi Barshi Road, one Indica Car bearing Registration No. MH 09 TC 246 (for short "offending vehicle"), coming from the opposite direction, collided with the motorcycle of Jayant Bagal. In the said accident, Jayant Bagal died on the spot (for short "the deceased").

(3.) The Respondent Nos. 1 to 5 (Original Claimants) in the present First Appeal are legal heirs of the deceased, who filed Claim Petition No. MACP No. 54/2013, before the MACT, Solapur, claiming compensation of Rs.35,50,000.00, with interest at current rate from the date of the accident till realization. The claim petition naratted that, deceased, aged 37 years, was serving as a Civil Engineer and was in permanent employment with Vitthal Corporation Limited, Mhaisgaon, Taluka Madha, Dist. Solapur, drawing monthly salary of Rs.23,000.00.